Legal Opinion

State ex rel. Curtis v. Town Board of Geneva

Wisconsin Supreme Court

Decided April 27, 1900PublishedCited by 9 opinions

Appeal from a judgment of the circuit court for Wal-worth county: FbanK M. Fish, Circuit Judge. They contended, inter alia, that only those qualified to be signers of an application for the laying out of a highway can appeal from the refusal to grant such application. In this case the relator, not being a resident of the town, was not qualified to sign a petition for the laying out .of the highway in question. Sec. 1265, Stats. 1898; Damp v. Dane, 29 Wis. 419; /State ex rel.

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Appeal from a judgment of the circuit court for Wal-worth county: FbanK M. Fish, Circuit Judge. They contended, inter alia, that only those qualified to be signers of an application for the laying out of a highway can appeal from the refusal to grant such application. In this case the relator, not being a resident of the town, was not qualified to sign a petition for the laying out .of the highway in question. Sec. 1265, Stats. 1898; Damp v. Dane, 29 Wis. 419; /State ex rel. Iola v. Nelson, 57 Wis. 147.

1Opinion of the Court

Cassoday, C.'J.

On January 11, 1897, an application was made to the defendant, The Town Board of the Town of Geneva, in Walworth county, to lay out the highway in question. On February 20, 1897, the town board decided upon such application, and by a written order in due form by them signed and then filed with the town clerk, denied such application and refused to lay out such proposed highway. The relator, Lewis Curtis, who then was, and is, a • citizen of the state, a freeholder in the town of Geneva, and the owner of land across which the proposed highway was to be laid, but who was a…

2Cases cited21 opinions

  1. State ex rel. Newell v. PurdyWisconsin Supreme Court · 1874
  2. Lund v. Chippewa CountyWisconsin Supreme Court · 1896
  3. Wisconsin Water Co. v. WinansWisconsin Supreme Court · 1893
  4. Pepin County v. PrindleWisconsin Supreme Court · 1884
  5. Townsend v. HoyleSupreme Court of Connecticut · 1849

16 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
  2. Milwaukee Light, Heat & Traction Co. v. Ela Co.Wisconsin Supreme Court · 1910
  3. Town of Shelby v. MillerWisconsin Supreme Court · 1902
  4. State ex rel. Dosch v. RyanWisconsin Supreme Court · 1906
  5. McMillan v. City of Fond du LacWisconsin Supreme Court · 1909

4 more not listed; retrieve them via the Exa API.

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